Copy  of 

DEED  OF  FURTHER  ASSURANCE, 

OF  THE 


(antic  ant>  threat  Western  Hail  Hoact  £UrM 


riah  C.  Flagg  and  Frederick  Sehuehardt. 


Beebe  k Elkins.  Printers,  Akron 


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COPY  OP  DEED  OP  FURTHER  ASSURANCE, 


OF  THE 


TO 


♦ 


AZARIAH  C.  FLAGG,  & FREDERICK  SCHUCHARDT. 


TO  ALL  PERSONS  TO  WHOM  THESE  PRESENTS 
SHALL  COME,  GREETING: 

Whereas,  The  Atlantic  and  Great  Western  Rail  Road 
Company,  did,  by  a certain  deed  of  trust,  or  mortgage,  bear- 
ing date  the  first  day  of  October,  A.  D.  1855,  for  the  uses 
and  purposes,  and  upon  the  considerations  therein  expressed, 
grant,  bargain,  sell,  transfer  and  convey  to  Azariah  C. 
Flagg  and  Charles  J.  Stedman,  of  the  City  of  New  York, 
their  successors  in  the  trust  thereby  created,  and  assigns,  all 
the  then  present,  and  in  future  to  be  acquired  property  of 
said  Company,— that  is  to  say their  road  made,  partially 
made,  and  to  be  made,  between  the  points  stated  in  said  deed 
of  trust,  or  mortgage,  including  the  right  of  way,  and  the 
land  occupied  thereby,  together  with  the  superstructure  and 
tracks  thereon,  or  to  be  thereon,  and  all  iron  rails,  ties,  and 
other  materials  used  thereon,  procured,  or  to  be  procured 

^ 480^2 


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therefor,  and  all  bridges,  viaducts,  culverts,  fences,  depot 
grounds,  and  buildings  thereon,  and  all  other  appurtenances 
belonging  thereto,  Engines,  tenders,  Cars,  tools,  machinery, 
materials,  contracts,  subscription  of  stock,  and  all  other  per- 
sonal property,  right  thereto,  and  interest  therein,  whether 
choses  in  action  or  in  possession,  and  all  franchises,  rights 
and  privileges  of  the  said  Atlantic  and  Great  Western  Rail 
Road  Company  upon  certain  trusts,  as  by  reference  to  the 
said  deed  of  trust,  or  mortgage,  or  the  records  thereof,  in 
the  office  of  the  Recorder  of  said  county  of  Trumbull,  in 
Book  of  Mortgages  No.  3,  pages  487  &c.,  and  in  the  offices 
of  the  several  Recorders  of  said  counties  therein  named, 
will  more  fully  appear  : 

And  Whereas,  In  and  by  the  said  Deed  of  Trust,  or 
Mortgage,  the  said  Company  did  covenant,  for  the  considera- 
tions therein  expressed,  to  execute  and  deliver  any  further 
reasonable  and  necessary  conveyance  of  the  premises,  or  any 
part  thereof,  to  the  said  Azariah  C.  Flagg  and  Charles  J. 
Stedman,  their  successors  in  said  trust,  or  assigns,  for  more 
fully  carrying  into  effect  the  objects  thereof,  particularly  for 
the  conveyance  of  any  property,  subsequently  to  the  date 
thereof,  acquired  by  said  Company,  and  comprehended  in  the 
description  contained  in  the  premises,  if  any  such  there 
should  be,  which  should  not  inure  to  the  use  and  benefit  of 
the  holders  of  the  bonds  therein  described,  under  the  cove- 
nants of  said  deed  of  trust,  or  mortgage  : 

And  Whereas,  The  said  Charles  J.  Stedman,  having 
died  since  the  execution  and  delivery  of  said  deed  of  trust, 
or  mortgage,  Frederick  Schuchardt  has,  by  the  Court  of 
Common  Pleas  within  and  for  the  County  of  Portage 
in  the  State  of  Ohio,  been  duly  appointed  as  a Trustee,  to 


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execue  the  trusts,  in  said  deed  of  trust,  or  mortgage  declared : 

And  Whereas,  The  said  Frederick  Schuchardt  has 
duly  accepted  said  trust : 

Now,  therefore,  Know  Ye,  That  the  Atlantic  and 
Great  Western  Rail  Road  Company,  in  order  the  better  to 
secure  the  payment  of  the  bonds  mentioned  in  said  deed  of 
trust,  or  mortgage,  and  the  interest  thereon,  as  the  same 
shall  become  due,  and  for  the  better  assuring  and  confirming 
the  title,  interest  and  power,  of  the  said  Azariah  C.  Flagg 
and  Frederick  Schuchardt,  under  the  said  deed  of  trust  or 
mortgage,  in  relation  to,  and  in  such  property,  interests  and 
rights,  acquired  by,  and  accruing  to  said  Company,  subse- 
quently to  the  date  of  said  deed  of  trust  or  mortgage,  and 
for  the  purpose  of  more  fully  carrying  into  effect  the  objects 
of  said  deed  of  trust,  or  mortgage,  according  to  the  true 
intent  and  meaning  thereof,  and  the  covenants  contained  as 
therein  set  forth,  and  in  consideration  of  the  sum  of  one 
dollar,  at  the  sealing  and  delivery  hereof,  in  hand  paid  by 
the  said  Azariah  C.  Flagg  and  the  said  Frederick  Schuchardt, 
the  receipt  whereof  is  hereby  acknowledged,  have  granted, 
bargained,  sold,  transferred  and  conveyed,  and  by  these 
presents  do  grant,  bargain,  sell,  transfer  and  convey  to  the 
said  Azariah  C.  Flagg,  and  the  said  Frederick  Schuchardt, 
their  successors  in  the  trust  created  by  said  deed  of  trust,  or 
mortgage,  and  assigns  forever,  all  the  following  present  and 
in  future  to  be  acquired  property  and  estate  of  said  Compa- 
ny,— that  is  to  say, — their  road  made,  partially  made,  and  to 
be  made,  from  the  Pennsylvania  and  Ohio  State  line  to  Day- 
ton,  in  the  State  of  Ohio,  through  the  counties  of  Trumbull, 
Portage,  Summit,  Medina,  Wayne,  Ashland,  Richland,  Craw- 
ford, Morrow,  Marion,  Union,  Champaign,  Clark,  Green  and 


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Montgomery,  in  said  State  of  Ohio,  being  two  hundred  and 
forty-five  miles,  more  or  less, — including  the  right  of  way 
and  the  land  occupied,  or  to  be  occupied  thereby,  together 
with  the  superstructure  and  tracks  thereon,  and  all  iron  rails, 
ties,  and  other  mateiials  used  thereon,  procured,  or  to  be 
procured  therefor,  and  all  bridges,  viaduct, s culverts,  fences, 
all  grounds  and  premises  used,  or  designed  to  be  used  for 
depots,  stations,  shops,  or  otherwise,  for  the  purposes  of  said 
road  and  buildings  thereon,  and  all  other  appurtenances 
thereto ; all  engines,  tenders,  cars,  tools,  machinery,  materi- 
als, contracts,  and  all  other  personal  property,  right  thereto 
or  interest  therein.  Also  all  the  tolls,  revenue,  or  income 
to  be  had  or  levied  from  said  rail  road,  or  other  property,  or 
which  may  otherwise  accrue  to  said  Company ; and  all  the 
franchises,  rights,  and  privileges  of  the  said  Atlantic  and 
Great  Western  Rail  Road  Company,  so  far  as  the  same  can 
or  may  lawfully  be  conveyed,  or  transferred  by  said  Company. 
Also  all  personal  property  that  may  hereafter  be  owned  or 
acquired  by  said  company,  excepting,  however,  and  this  con- 
veyance shall  not  include  the  iron  rails,  ties,  materials  and 
other  property  which  may  hereafter  be  procured  by  said  Com- 
pany, to  be  used  in  the  construction  of  that  part  of  said  rail 
road,  hereafter  to  be  made  from  said  Dayton  to  the  City  of 
Cincinnati,  in  said  State  of  Ohio,  and  all  engines,  tenders, 
cars  and  other  property  which  may  be  procured  to  be  used 
thereon.  To  have  and  to  hold  the  said  premises  and  every 
part  thereof,  with  the  appurtenances,  unto  the  said  Azariah 
C.  Flagg  and  Frederick  Schuchardt,  their  successors  in  said 
trust,  and  assigns  forever,  in  trust,  nevertheless  for  the  per- 
sons or  corporations,  and  for  the  benefit,  protection  and  se- 
curity of  the  persons  or  corporations,  who  now  hold,  or  shall 


hereafter  hold  the  bonds  issued  or  to  be  issued,  by  the  said 
Company,  and  secured,  or  intended  to  be  Secured  by  the  deed 
of  trust  or  mortgage  aforesaid,  for  the  uses,  purposes,  and 
upon  the  conditions  therein  recited,  and  for  enforcing  the 
stipulations  of  the  said  Company,  in  this  behalf,  in  their  true 
intent  and  meaning,  whether  contained  in  sai  1 deed  of  trust, 
or  mortgage,  or  said  bonds,  or  in  this  conveyance.  And  the 
said  Company  for  the  considerations  aforesaid,  hereby  further 
Covenant,  that  all  the  conditions,  povers,  covenants  and 
privileges,  in  said  first  mentioned  deed  of  trust  or  mortgage 
contained,  and  which  will  in  reference  thereto,  more  fully 
appear,  are  hereby  ratified  and  confirmed,  on  their  part,  unto 
the  said  Azariah  C.  Flagg  and  Frederick  Schuchardt,  their 
successors  in  said  trust  and  assigns.  And  the  said  Company, 
for  the  considerations  aforesaid,  hereby  further  Covenant 
to  execute  and  deliver  any  further  reasonable  and  necessary 
conveyance,  of  the  aforesaid  premises,  or  any  part  thereof 
to  the  said  Azariah  C.  Flagg  and  Frederick  Schuchardt, 
their  successors  in  said  trust,  or  assigns,  for  more  fully  car- 
rying into  effect  the  objects  of  said  deed  of  trust  or  mortgage, 
particularly,  for  the  conveyance  of  any  property,  subsequently 
to  the  date  hereof,  acquired  by  said  Company,  and  compre- 
hended in  the  description  of  the  aforesaid  premises,  if  any 
there  shall  be,  which  shall  not  inure  to  the  use  and  benefit  of 
the  holders  of  said  bonds  under  the  covenants  of  said  deed  of 
trust  or  mortgage. 

In  Testimony  Whereof,  the  said  Company  have 
caused  their  Corporate  name  to  be  signed,  and 
their  Corporate  Seal  to  be  affixed  to  this  in- 
strument, by  their  President,  this  twenty-third 
day  of  May,  Anno  Domini  Eighteen  hundred 
and  sixty-three. 

The  Atlantic  & Great  Western  Railroad  Company, 

By  MARVIN  KENT,  President, 

SIGNED,  SEALED  AND  DELIVERED 
IN  PRESENCE  OF 

WM.  H.  UPSON,  and 
CHARLES  B.  BERNARD, 


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We,  Azariah  C.  Flagg  and  Frederick  Schuchardt^ 
of  New  York  City,  do  hereby  accept  the  trust  conveyed  to 
us  in  the  foregoing  deed,  and  agree  to  discharge  the  same, 
as  by  said  deed  required  and  empowered. 

Witness  our  hands  and  seals  this  twenty-seventh  day  of 
May,  A.  D.  1863. 

FRED’K.  SCHUCHARDT,  [seal.] 
A.  C.  FLAGG.  [seal.] 

SIGNED  AND  SEALED  IN  PRESENCE  OP 

FERD.  W.  L.  SCHUCHARDT. 


THE  STATE  OF  OHIO,  \ ^ .. 

SUMMIT  COUNTY,  ss.  } Be  14  remembered,  that  on 
this  23d  day  of  May,  A.  D.  1863, 
before  me,  the  undersigned,  Charles  B.  Bernard,  a Notary 
Public  within  and  for  said  County  and  State,  personally 
appeared  Marvin  Kent,  President  of  the  Atlantic  & Great 
Western  Rail  Road  Company,  who  acknowledged  that  by  the 
authority  of  and  for  and  on  behalf  of  said  Company,  he  signed 
the  foregoing  instrument  and  affixed  the  corporate  seal  of 
said  Company  thereto,  and  that  the  same  is  his  and  its  free 
and  voluntary  act  and  deed. 

Witness  my  hand  and  seal  the  day  and  year 
aforesaid. 

CHARLES  B.  BERNARD,  Notary  Public. 


STATE  OF  NEW  YORK,  1 
City  and  County  of  New  York,  j Be  it  remembered, 

that  on  this  27th  day  of  May,  A.  D.  1863,  before  me,  Edwin 
F.  Corey,  a Commissioner  for  the  State  of  Ohio,  in  and  for 
the  State  of  New  York,  duly  commissioned  and  qualified,  with 
power  to  take  acknowledgements,  &c.,  to  be  recorded  in  said 
State,  personally  appeared  Frederick  Schuchardt  and  Azariah 


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0.  Flagg,  known  to  me  to  be  the  same  persons  described  in 
and  who  executed  the  within  instrument,  and  they  severally 
acknowledged  the  signing  and  sealing  to  be  their  voluntary 
act  and  deed,  for  the  purposes  therein  named. 

In  Witness  Whereof,  I have  hereto  set  my  name 
T'sEAtTl  an<^  a®xe<^  my  officii  seal,  on  the  day  and  year 

^ <1  above  written. 

EDWIN  E.  COREY, 

Commissioner  for  Ohio  in  New  York. 


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